Why it is a NO on PROP 22!

In the current election, one of the most prevalent (to California residents) proposition is Prop. 22. In essence Proposition 22 is in favor of voting rideshare drivers to be independent contractors. An independent contractor controls their own work and decides their own prices. Rideshare drivers are tracked, being told what to do, and have no freedom to negotiate their pay. They are not independent contractors, and the belief that they are is absurd!

In order to hone in on why they should not be considered contractors, let’s start with the definition of an independent contractor. According to the California Employment Law Report, independent contractors are classified through three main points.

A) They are able to control and direct their own work

B) Their work is different from the usual of the hiring company

C) They are part of an independently established trade or occupation for the work they’re providing

If they do not meet these requirements they can not and will not be considered contractors.

Let’s start with classification “A”, rideshare drivers are not able to control and direct their own work. Uber drivers have spent six+ years fighting the company in court, arguing that they should be considered employees due to the amount of control the company has on their workday, the strict rules on their vehicle conditions, and what rides they can and cannot take. This is an officious business that is generally involved with companies that consider their workers as employees. When an uber driver is being tracked, while performing their service they are clearly not able to direct their own work, eliminating the first criterion of the Employment Law Report.

We can now knock out letters “B” and “C” with one stone, stating that the work of an independent contractor is different from the usual of the hiring company and that they are a part of an independently established trade or occupation. This is referring to who the worker is hired by, and refers to the fact that an independent contractor must advertise for themselves as a business entity. For instance, a painter will advertise themselves to be hired as an independent contractor by a family or a business. However, this is definitely not the case and is the complete OPPOSITE for rideshare drivers. An Uber driver is not hired independently as they provide their service through Uber, and Uber as a company performs the duty to outside consumers. To make it clear the uber driver is HIRED AND WORKS FOR Uber and is not hired by an outside customer. This also goes hand in hand with the fact that they are not an independently established trade as they work for a company, and are advertised through that company. Clearly, that does not qualify as an independent occupation.

Overall The California Supreme Court says they’re employees. AB5 or more commonly known as “Dynamex” forces Uber and Lyft to treat their workers as employees. Though there are several exceptions Ride-share companies are still included in this law. Such companies clearly do not follow the criteria that are provided by the Supreme Court and are in no way, shaper or form, independent contractors.